RAJ DHAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has been convicted for committing an offence under Section 307 of the IPC. He has been sentenced to undergo R. I. for a period of four years. The appellant has been found guilty of causing injury, by service gun 303, on injured Munnisingh.

(2.) AS per prosecution case the appellant was serving as constable in 8th Battalion of S. A. F. , Gwalior (M. P. ). On the night of 23-7-82 at about 11:45 p. m. he called his neighbour Hawaldar Munnisingh out of his portion of house and fired from his service gun 303 bore which hit Munnisingh on his left ribs and bullet went out from back. Munnisingh was taken to Medical College Hospital. One injury was found on the person of Munnisingh. Sub-Inspector B. S. Bhadoriya was on duty. He met Munnisingh in the hospital. Incident was narrated to him, on which an offence was registered under Section 307, IPC, at Police Station, Kotwali and first information report was lodged vide Ex. P-2. One empty cartridge was recovered. After committing the offence the accused absconded according to Panchnama Ex. P-6, he was arrested on 25-7-82.

(3.) ACCUSED abjured the guilt and contended that he was falsely implicated in the case.